Gainesville & Dahlonega Electric Railway Co. v. Austin
Supreme Court of Georgia
Action for damages. Before Judge Hollingsworth. City court of Hall county. November 21, 1904. The petition contained three counts.
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Action for damages. Before Judge Hollingsworth. City court of Hall county. November 21, 1904. The petition contained three counts. In the first count it was alleged, that the plaintiff was a passenger in one of the electric cars of the defendant, in which no seats were provided, and that he was therefore compelled to stand; that in the center of the car was a post, upon the top of which rested the trolley-pole; that while the car was in motion the conductor negligently caused and allowed the trolley-wheel to get off the wire, and the trolley-pole shot upward; that the trolley-wire began to…
1Opinion of the CourtCobb, J.
The special demurrer was designed to raise the objection that the first and third counts contained contradictory allegations as to the manner in which the injury complained of occurred ; and the question is presented whether this practice is allowable in this State. The rules of the common-law pleading permitted the bringing of one suit founded upon several causes of action of a similar nature, provided such causes of action were set forth in separate and distinct counts. A declaration which contained one count and set forth two or more causes of action therein was bad for duplicity, but a…
2Cases cited4 opinions
- Orr v. CooledgeSupreme Court of Georgia · 1903
- Mannon v. Camden Interstate Railway Co.West Virginia Supreme Court · 1904
- Pitts v. SmithSupreme Court of Georgia · 1899
- Seifert v. Sheppard, Knapp & Co.Supreme Court of Georgia · 1900
3Cited by35 opinions
- Doyal v. RussellSupreme Court of Georgia · 1936
- Sutton v. StateSupreme Court of Georgia · 1906
- Central of Georgia Railway Co. v. PriorSupreme Court of Georgia · 1914
- Central of Georgia Railway Co. v. KeatingCourt of Appeals of Georgia · 1932
- Miller v. Southern Railway Co.Court of Appeals of Georgia · 1917
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